No remedy Kaçta under dali Ordinance.
Compendon.
(8) Any objector aggrieved by the Board's decision may appeal by way of petition to the Governor within 1 month of being notified of the Board's decision.
(9) Upon consideration of a petition under subsection (8) the Governor may-
(a) direct the Land Authority to withdraw or amend the notice
served under section 16(2) or
(b) direct that the petition be referred to the Governor in Council.
(10) The Governor in Council, upon considering a potition referred to him under subsection (9) may-
(a) direct the Land Authority to withdraw or amend the notice
served under section 16(2); or
(b) dismiss the petition.
(11) The decision of the Governor or the Governor in Council shall be final.
PART V
COMPENSATION
18 (D) No compensation shall be paid to the owner of, or to any person interested lo, aby land because it is situated within or is affected by à country park.
(2) No action, claim or proceedings shall lie or be brought against the Crown or any other person to recover damages, compensation or costa for--
(a) damage or disturbance to or loss of or in the value of any land,
chattel, trade or business
(b) personal disturbance or inconvenience;
(c) extinguishment, modification or restriction of rights; or
(d) the costs of affecting or complying with any requirement, which is authorized or imposed by or under this Ordinance or arises from any act or omission so authorized, except in pursuance of the rights to compensation provided for in section 19,
19. (1) Where-
(a) the Authority refuses approval under section 10 for the carrying
out of new development on any land; or
(6) the cocupier of land within a country park discontinues or modifies the use or ceases to proceed with or modifies the proposed use of that land in accordance with a notics given to him under section 16(2)
and much new development or use ja permitted by or under the terms of any lease or agreement för a lease under which the land is held-
(1) in the case of loss, damage or cost under paragraph (a), the owner
of the land; and
(ii) in the case of loss, damage or cost under paragraph (b), any person
owning a compensatable interest in the land,
shall have the right to claim compensation from the Crown to the extent of the loss, damage or cost suffered or incurred by him as assessed under this Part.
(2) The basis on which compensation is to be assessed shall be
(a) in the case of a claim for loss, damage or cost under subsection (1)(a), the amount by which the value of the land is reduced on account of the refusal to approve the carrying out of new develop- meat; 20₫
(8) in the case of a claim for loss, damage or cost under subsection
(
(0 the amount by which the value of the land is reduced: and (0) the amount which might fairly and reasonably be estimated As the loss of the claimant in respect of works necessary to effect the discontinuance, cessation or modification of the use of proposed Usty
on account of the requirement to discontinue or modify or the prohibition,
(3) In the assessment of compensation no account shall be taken of any increase or decrease in the value of land to which the compensation relates which is attributable to—
(a) the land being withio an area of a proposed country park shown
on a draft map prepared under section 3; or
(*) the land being within a country park.
(4) For the purposes of this section the value of land shall be such value as would be assessed under the Crown Lands Resumption Ordinance (04. 134) if the land were to be resumed under that Ordinance.
(3) In this section "compensatable interest” means the estate or interest
of-
(a)
(b)
a person having an unexpired term in land (including any further terim which could be obtained as of right) of not less than ona month or a tenancy or sub-tenancy terminable (where by virtue of an Ordinance or otherwise) by either party by not less than one month's notice:
a mortgagee in possession;
(c) the bolder of a valid or subsisting option to purchase an interest
referred to in (a) or (d);
(d) a purchaser under an agreement for sale and purchase to whom the benefit of an interest referred to in (0) or (c) has already passed.
26 (1) Any person claiming compensation under section 19 shall Show for submit a claim in writing to the Authority stating the nature of his estate Dordpensalon. or interest in the land and the amount which he seeks to recover.
(2) A person claiming compensation under section 19 shall submit his claim to the Authority within 1 year of the refusal to approve now develop ment or of the receipt of a requirement to discontinue or modify the use or proposed use, as the case may be, or within such further period as the Authority may allow.
(3) If any such person and the Authority do not agree, within 3 months from the submission of the claim under subsection (1), as to the amount of compensation (if any) to be paid, either party may submit the claim to the Lands Tribunal for determination of the amount of compensation (if any) to be paid.
(4) The Lands Tribunal shall determine the amount of compensation payable in respect of a claim submitted to it under subsection (3) in accord- ance with section 19.
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